Burn injuries are some of the most common injuries to occur inside the home. Severe burns cause cellular damage to the skin resulting in permanent physical and often psychological damage. Litigation involving burn injuries often arises from more complex causes based in product liability or employer negligence. The origin of the cause of the injury will almost always requires forensic review.
The preservation of all evidence is critical in these matters to allow for a reliable investigation by the responding government officials, as well as the independent experts that may be hired by counsel. Failure to preserve evidence or otherwise contaminate the accident scene may compromise the case.
Joe Lyon is an experienced burn injury and product liability attorney who is well versed in the science and economic impact that such an injury has on the injured person’s life. The Lyon Firm has developed compelling evidence in product liability cases through the use of engineers, life care planners, economists, and medical professionals to present the highest quality evidence and arguments on the Plaintiff’s behalf. This work has resulted in significant six and seven figure settlements that enhanced and secured a dignified quality of life for the Plaintiff’s future.
Understanding the pathophysiology of a burn is important for offering quality and effective legal counsel. Different causes lead to different burn patterns that can be critical for understanding how the event occurred and presenting the evidence in a compelling and persuasive manner. Often in burn injury lawsuits, the burn victim is deceased or disabled and not able to describe precisely how the event occurred. Therefore, the pathophysiology of a burn injury may be critical evidence in the case, and all burn injuries should be documented with photographs immediately and as the burn is treated.
Following a burn injury where you suspect there was negligence, a product defect, or simply have questions about what may have happened, you should contact a burn injury lawyer.
The legal options will depend on what caused the burn injury. In any case, burn injuries are too serious for the injured party to negotiate a fair and comprehensive settlement without an attorney. The interplay of complex liability questions, subrogation, and future life care plans require the attention of an attorney experienced in burn injury lawsuits.
There are personal injury cases where an attorney may not be necessary, but burn injuries will have long lasting impact and should be addressed by a lawyer qualified in complex personal injury matters.
Vehicle Accident: If the case involved a vehicle accident, there is typically insurance available to compensate the injured party. However, often, individual vehicle insurance policies will not be sufficient to fully compensate the victim. In those cases, it may be necessary to find additional defendants that contributed to the accident sequence and can therefore contribute to compensating the injured party.
Product Liability: Where the burn injury was caused by a defective product, the litigation path is much more expensive and complex. The attorney will need to evaluate the viability of the defendant and cost to prove the case through expert testimony. Product liability cases can be some of the most expensive types of litigation, but where there is a viable defendant, the cases should be evaluated carefully to determine if a defective product caused the burn injury.
Industrial Accidents: Many burn injuries are a result of falls during industrial work. The first step is whether the case is limited to Worker’s Compensation. This analysis requires a thorough understanding of Employer Intentional Tort law which has become more complicated in recent years. Often the case requires a removal of an equipment safety guard or a knowing violation of an OSHA regulation to move past a motion for summary judgment.
The settlement value will depend on a number of variables. No burn injury lawsuit is exactly the same and each case will require an evaluation of the following variables. As the evidence is developed, some aspects may become stronger and some weaker, and the lawyer must re-evaluate the case each step of the way. The following a list of variables that must be considered in every burn injury settlement process:
Provided the burden of proof is surmounted, Ohio provides substantial monetary compensation for burn injuries. Ohio has damages cap on certain personal injury awards but those damages caps do not apply in most burn injury cases. Compensation may be awarded for the following elements where the evidence supports the elements:
If you need help determining the root cause of a burn injury and what legal remedies may be available to assist in providing better quality of life and care, please contact The Lyon Firm at 800.513. 2403 to speak directly with Mr. Lyon.